Download the constitution: secular or multi-religious?

▲ SIX
THE CONSTITUTION:
SECULAR OR
MULTI-RELIGIOUS?
Does Nigeria’s constitution provide for secularism? That is the
question of this chapter. It is a hot part of the debate. Christians
insist it does and have made it a prominent feature in their campaign against the sharia. I regard giving so much prominence to the
constitutional issue a serious mistake. Issues of religion should
never be decided primarily on basis of legalities and constitutions.
They should be decided on basis of the nature of the religions in
question, dialogue, give-and-take, mutual understanding and
respect along with the needs of the community. However, since the
legal aspect of the controversy has been accorded such prominence,
it has become necessary to give it more prominence than it inherently deserves. Or is the constitutional question merely a sideline
issue that is promoted to a central position just to bolster arguments for or against secularism and sharia?
At the end of the colonial period, the Sardauna, Ahmadu Bello,
described the situation as he saw it: “We have divergence in customs, religions and languages. But we have emerged and progressed
out of the stage of life of a people where such differences constitute
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a barrier to unity. We have sought for unity, not uniformity.”1
Clearly, even the Sardauna, a major architect of Northern Nigeria,
did not foresee the mayhem that awaited Nigeria. However, his
desire for unity was clear, though unity on Muslim terms.
Muslims disagree with the Christian stance on the constitution. They recognize that there is no explicit mention of secularity
in the current constitution. However, according to some, there was
mention of it in at least one earlier version, namely that of 1963,
which stated that Nigeria “shall remain a secular state.”2 In spite of
this disagreement, both religions, at least theoretically, agree on
religious freedom for all and on the constitutional prohibition
against the adoption of a state religion.3 These are frequent themes
in Muslim writings and weighty, even though there are differences
with respect to the definitions of both the nature of religion itself
and of religious freedom.
Another aspect of the discussion is the issue of secularism versus multi-religion. While Christians push “secularism,” Muslims
much prefer “multi-religion” for reasons that will become clear in
this chapter.
The fact that the term “secular” or “secularism” itself does not
occur in the constitution has created confusion, according to a
number of writers. Muhammad Danbatta holds the wording of the
constitution responsible for this confusion. “If anybody is to be
blamed, it is the constitution, because it allows its provisions to be
contradicted by people who want to score cheap popularity.
Perhaps you regard the constitutional provision of freedom of religion to mean only practicing personal aspects of worship. To a true
Muslim, full observance of his religion goes beyond that—it entails
all aspects of life.”4
The confusion to which Danbatta refers is the direct product
of a basic difference in the way the two religions define religion,
with a narrow secularized view versus a broader wholistic view,
talking at each other with neither hearing the other. Adherents of
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131
both religions agree with Baba Ejiga’s statement, “The constitution
provides for the practice of one’s religion in full,”5 but the extent of
“religion in full” is seen differently.
K. A. Balogun, whom I believe to be a Muslim sociologist of
religion,6 quotes the relevant sections of the constitution that deal
with the secularity issue, but, unlike most other Muslim writers,
does not make an issue of the fact that the term itself is not in the
document. He simply assumes that the thrust of these passages calls
for secularism. Balogun writes, “If one looks carefully at the two
sections of that constitution with regards to secularity, one may
conclude that state secularity of Nigeria within the framework of
that constitution is faulty and that provision has been the major
source of religious disintegration.”7
Balogun much prefers the designation “multi-religion” to “secularism.” Though the government has not accorded special status to
any of Nigeria’s religions, religion is omnipresent in the country.
Developing a “political community” may be “largely a secular activity,” a view few Muslims would accept, but “it is not without its religious undertones.” Hence, he writes, “a multi-religious society is an
ideal state for Nigeria.” This means “a state where one religion is not
superimposed on the other; a society where people will have freedom
of worship, where no government makes a proclamation in favour of
one religion to the detriment of other religions; and a society where
government does not promote any religion as the official religion.”8
M. Yahya points out that the 1979 constitution does not use
the expressions “secular state” or “secularism.” However, “journalists were fast to interpret the [relevant] section of the constitution
as meaning that Nigeria has adopted secularism as a policy for religion and that Nigeria is a ‘secular state.’” The “issue to discuss is
indeed not secularism, but multi-religion.”9
The interpretation of Section Ten of the constitution to mean
“secularism (godlessness or total absence of religions)” is false, declares
Shu’aibu Gimi. “Nigerians are actually worlds apart from [that] sav-
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agery or madness.” The constitution recognizes that the majority of
Nigerians are religious and grants them freedom to practise their religions—“even propagate our respective religious beliefs.”10
It is the general opinion of Muslims that the constitution calls
not for secularism so much as it does for multi-religion. In fact,
these are generally regarded as mutually exclusive. Referring to the
omnipresence of religion in the country, Abubukar Gumi put it
clearly: “Nigeria is a multi-religious state. There is no secularity in
Nigeria.”11 Governor Ahmad Sani of Zamfara State similarly
describes the country as both “multi-religious and multi-ethnic.”12
With the exception of “secularists” or Marxist Muslims, that opinion represents everyone.
The highly respected Justice Muhammed B. Sambo strongly
rejects the secular interpretation of the constitution. He gives a list
of eight reasons for his rejection in a lecture reproduced as
Appendix 8. It is a powerful list that renders the secular interpretation completely unreasonable. Instead, it shows that the Nigerian
government is thoroughly religious in its orientation. All of these
facts amount to a rejection of secularism and to the adoption of
religion, though not of a specific religion at the exclusion of others.
If Nigeria wants to go secular, it must first of all remove all religious
references from the constitution and religious affairs from government programmes, something that is, according to Sambo, “an
impossible thing to do.” Even if that one embattled section 10 of
the 1999 constitution did support secularism, other constitutional
provisions contradict and nullify it.13
In his Zamfara lecture, Sambo refers to the issue repeatedly. The
constitution means that “Nigeria is a multi-religious nation.” Multireligion means the adoption of religion. “If the 1999 constitution
has adopted religion, how can it prohibit the adoption of religion by
governments?” he asks rhetorically. The preamble and other sections
of the constitution all make demands that, without necessarily mentioning religion overtly, cannot be met without its involvement. The
The Constitution: Secular or Multi-Religious?
133
constitution also provides for freedom of religion, which, from the
Muslim point of view, would prohibit secularism, since the two are
mutually exclusive. Section 10 “really means that neither the Federal
nor the State Government is allowed to impose one single religion,
cater for it alone and impose it on all citizens.” This prohibition does
not constitute exclusion of religion so much as the adoption and even
encouragement of religion in general. Here lies a crucial distinction
between secularism and multi-religion. There really “is no viable alternative to Nigeria opting for a multi-religious status.”
Among the constitutional issues that implicitly call for the
exercise of religion, if not its establishment, is that the constitution provides funding for three types of courts, all of which have
a religious basis: Common Law, Islamic Law and Customary Law.
Everybody recognizes that the last two are associated with religion, but the same is not usually recognized for Common Law.
However, it, too, has its basis in Christianity. Though Christians
think of Common Law as secular, historically it arose out of
Christianity. Sambo asserted, “What many of us do not know
and we ought to know—is that the Common Law is also inspired
by the religion of Christianity. I think it is important that this
explanation should be made, so that everybody should realize it,
especially the Christians who have grudges when courts having
legal systems inspired by the religions of Islam and Custom are
funded by the Government.” The claim for the Christian foundation of Common Law is frequently asserted by Muslims and is
scheduled to receive more detailed treatment in my discussion of
sharia in the sharia monographs.14 In the present context I merely
make you aware of this as an issue that allows Muslims to affirm
that the constitution has adopted religion, not secularism. The
conclusion some Muslims draw from it is that the constitution
has not merely adopted religion, but it has implicitly adopted the
three main religions in Nigeria as equal and official. That is
proper multi-religion!
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But Sambo takes it still one step further. Governments are to
cater to all religions but in a particular way, namely according to their
own nature. He seems to be inserting a new criterion. The criterion
he suggests is not equality, neutrality or fairness so much as the
unique nature and needs of each religion. “What is really essential is
the government should identify the various religions of its people
and cater for them according to their structure and scope. The government should thoroughly identify the peculiarity of different faiths
in order to cater for them according to their needs. One cannot see
an alternative to this for Nigeria as a united nation.” Sambo does not
elaborate further on this suggestion—as if he were not aware that this
provision could easily degenerate into a formula for partial treatment
of one religion. The suggestion contains the seed of one of the very
problems that has bedeviled Nigeria to begin with and that the constitution was supposed to prevent. Honourable Justice, a suggestion
directly to you: You need to explain further if your suggestion is to
fly. And a serious question: Have you forgotten the acrimonious pilgrimage debates so soon? Or the controversies about building
mosques on public properties? Nevertheless, Sambo is touching on a
very crucial issue. If the government is to be supportive of all religions in the country, what will be the support criteria?
Finally, Sambo points out that not only does the current constitution reject secularism, but earlier versions always did as well. It
was “never accommodated in Nigerian constitution or law,” reads
one of his captions. At “no time, constitutionally, was Nigeria ever
a secular state.” “If we examine all the Nigerian constitutions of the
past and present together with the laws, we cannot find any provisions which say Nigeria is a secular state.” So, neither current nor
past provisions for secularism, ever.
Misbahu Rufai argues similarly that in view of the strong religious flavour of Nigeria’s culture, “it is much safer to say that
Nigeria is a multi-religious state and not secular, because in a secular state the belief in God has no impact on the life of the people.”
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135
After a long list of the signs of religion and its omnipresence in the
life of the nation, he challenges “the proponents of Nigeria’s being
a secular society” to “take another look at their definition of secularism.” Since the article constitutes Appendix 9, the list itself can
be read there.15
Lateef Adegbite, upon the death of Mashood Abiola probably
the most prominent of Yoruba Muslims,16 likewise prefers the term
“multi-religion” to “secularism.” Relying on that embattled Section
10 of the constitution as the basis for secularism, he writes, is
wrong. “Evidence abounds indicating that it is a misnomer to
describe Nigeria as a secular state.” Nigeria observes so many religious traditions17 (he lists six of them) that “the correct characterization of Nigeria is as a liberal multi-religious state, wherein freedom of religion is safeguarded, rather than attributing to the country a nebulous nature called secularism.” He supports this contention by referring to important authorities. The “eminent jurist
and erudite judge, the Honourable Justice Niki Tobi of the Court
of Appeal,” stressed that the constitution prevents Nigeria from
adopting one religion as state religion, “but that is quite different
from secularism.” Similarly, the World Inter-Religious Assembly,
meeting in Vatican City in 1999, decried “the increasing secular
world that dehumanises.” “Islam,” Adegbite assures us, “will certainly continue to reject secularism.”18 Kabiru Muhammad, during
the heat of the sharia era, expressed his gratitude for the opening
sentences of the 1979 and the 1999 constitutions that state that
they were decided upon “under God.” Office holders swear their
allegiance either on the Quran or on the Bible “to be faithful and
bear true allegiance….” and
concluding with the very deeply religious statement, “So
help me God.” To dispel any false notion of being secular
and thus utterly unconcerned with God or religion, in
whatever form, the nation recognizes religion, in whatever
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form, the nation recognizes all Christian and Muslim holidays. What is more, even the Nigerian Army, a legacy of
colonial brigandage, formally recognizes the two religions,
while at a more formal level Muslim and Christian
Piligrims Welfare Boards became permanent features of the
Nigerian bureaucracy. Can a nation so godly and deeply
religious then be said to be secular?
In short, Nigeria is not a secular but a “multi-religious federal state,
that recognizes the right to worship whatever the individual
Nigerian wishes to worship.”19
The Second International Conference on Christian-Muslim
Mutual Relations in 1995 published a communique in which
Christians and Muslims agreed that “secularism is not compatible
with the background, upbringing and life style of Nigerians,
because religion permeates all facets of Nigerian life.” They also
agreed that “the Government should officially recognize the country as a multi-religious rather than a secular state, where no religion
should be favoured at the expense of others.”20
. Another term popular with Muslims that has a thrust similar
to that of “multi-religion” is “pluralism.” Yahya sometimes uses
them interchangeably. He uses phrases such as “multi-religion or
pluralism of religions” and “ideal pluralistic or multi-religious society.”21 Likewise, Adegbite, speaking about secular-cum-sharia
issues, refers to the religious crises as straining the country’s “religious pluralism.”22 Ibraheem Sulaiman claims that Islam with its
sharia system “has been the only system that respects pluralism in
society.” If that were not so, he argues, how do you explain the fact
that both the Tiv and the Maguzawa people of northern Nigeria
remained non-Muslim even while at least partially under Muslim
control?23 He claims that “it was with the coming of Europeans
that tolerance and pluralism were wiped out.” The only way to
enable Nigeria’s religions to live together
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137
is to encourage pluralism and provide alternatives. But the
secular elements in this country are, blindly and arrogantly,
insisting that everybody must live according to their only way
and all must be forced to drink from the same cup. The danger of colonialism and secularism is that everybody is forced
and programmed to think and behave in one and the same
way, with no tolerance to alternative view points.24
If it is so clear that the constitution does not provide for secularism, why do so many people insist it does? Yadudu comes to the
“irresistible conclusion” that it is not a matter of inconsistency so
much as of pragmatism. Whenever Christians find it convenient,
they will “sing its song.” However, when it is in their interest, they
will simply ignore secularism and act on basis of religious considerations.25 As Ibraheem Sulaiman put it, “Secularism has become a
sinister but convenient mechanism to blackmail Muslims and to
impede the progress of Islam.”26
The problem, according to Justice Sambo, is with the motives
of people, not with the constitution. One reason identified is
“ignorance.” Another is “mischief.” People are either “misled” or
they are promoting their own interests. There are “selfish
Nigerians who imagine that secularism can help their selfish
course.” Towards the end of his lecture Sambo lets the real cat out
of the bag: “The wrong use of secular status for Nigeria has been
constantly used, especially by the Christians, to deny the Muslims
their fundamental right of having sharia as an instrument of law
to govern their lives. This trick to deny the Muslims their fundamental rights must stop.”27
The next monograph will explain the Christian approach to
secularism. It is going to feel as if you are in totally different territory. The question will arise whether Muslims have understood the
Christian drive for secularism. We will find a mixed bag. As to
sharia issues, well, come on over to Monographs Six (Muslim view)
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Studies in Christian–Muslim Relations
and Seven (Christian view). Get the Companion CD-ROM if you
cannot wait for the publication of the hard copies.
Notes for pp. 130-136
139
▲ Notes __________________________________________
1 Quoted by K. Muhammad, 17 Nov/99, p. 5.
2 K.
Balogun, 1986, pp.58, 65.
3 Ado-Kurawa,
4 M.
5 B.
“Islam and Non-Muslim Minorities.”
Danbatta, 12 Nov/99, p. 5.
Ejiga, 13 Nov/99, p. 12.
6 Apologies
to Dr. Balogun if I misrepresent him. Uncertainty sometimes comes with the territory of researching Nigerian affairs.
7 K.
Balogun, “Religious Fanaticism,” p. 185.
8 K.
Balogun, 1986, pp. 62, 65.
9 M.Yahya,
10 S.
11 Quality,
12 A.
13 It
1995, pp. 58-59, 64.
Gimi, NN, 1 Dec/99, p. 20.
Oct/87, p. 38.
Sani, 27 Oct/99.
would take us too far afield to follow Sambo in detail.
14
Sambo’s argument, much like that of others, can be found in
Appendix 8.
15 M.
Rufai, 16 Dec/88. Appendix 9.
16
In 2000, Adegbite held the prestigious positions of “Seriki and
Baba-Adinni of Egbaland,” a section of the Yoruba people, as well as
Secretary General of the Nigerian Supreme Council for Islamic Affairs.
17 Adegbite
lists six official religious activities on the part of the government. Others offer similar lists to support the same argument against
secularism. For similar lists or arguments, see M. B. Sambo, NN, 3
Nov/99. Appendix 8; K. Muhammad, 17 Nov/99, p. 5.
18 A.
Adegbite, “Sharia in the Context of Nigeria,” 2000, pp. 72-73;
“The Constitutional and Legal Status,” pp. 11-12.
19 K.
Muhammad, NN, 17 Nov/99, p. 5.
20 Second
International Conference, pp. 137, 138.
21 M.Yahya,
22 L.
1995, pp. 59, 64.
Adegbite, “Sharia in the Context…,” p. 61.
23 With
all the respect I have for Sulaiman’s writings, I consider this
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Notes for p. 137
a dishonest argument. Unless Sulaiman is totally blind to history, he
knows that this line of thought represents a blatant reconstruction of the
flow of events. Those who know the history of the Middle Belt and of the
Maguzawa, Hausa people who rejected Islam, know that there were various forces at work that had nothing to do with Muslim pluralism and tolerance. During the past few decades, many Maguzawa have become
Christians. What they are experiencing can hardly be described as pluralism and tolerance! Just ask Professor Ishaya Audu or Mary Anfani Joe in
The Post Express, 4 May/2001. See also B. Opeseltan, The Nigerian
Tribune, 26 Nov/94.
24 I.
Umar, 2 Nov/99. Some of Sulaiman’s arguments are also found
in Monograph Two.
25 A.
26 I.
Yadudu, 1989.
Sulaiman, “Islam, Secularism and Nigeria,” p. 4. Appendix 5.
27 M.
Sambo, 3 Nov/99. Appendix 8.